Show 17 rn OR 0 1 4 4 1 7 ua A I 1 A V 4 wil I 1 the states rati amendment proposed no by ca my ress arto s ov bv JOHN DICKINSON SHERMAN first of the states to take action on the proposed child labor amendment to the constitution has fias ratified it by a close vote 45 to 40 in the house and 15 to 13 in the senate senaie ratification by 35 other states Is necessary to make inake the amendment a part of the constitution will they ratify nobody knows VA everyone er one expects nationwide nation wide discus discussion slon which Is already on and an exciting contest with wide vide ramifications which involve questions of 0 national importance other than child labor georgia has just overwhelmingly defeated ratification fi the purpose of this article is purely informative the resolution proposing afie the amendment was passed by the house april 26 and py by the senate june 2 the amendment reads section 1 the congress shall have power to limit regulate and prohibit the labor of persons persona under eighteen years year of age section 2 the power of the several states la Is unimpaired impaired ea by this article except that the operation at 0 state laws shall be suspended to the extent neo nea essary to give effect to legislation enacted by the congress ratification will ft not gle give us tin an antl anti child labor law ratification will be in effect an enabling act giving congress the power to pass enforcing legislation two nets by congress as everyone ee rone knows lieve love been passed in an attempt to prohibit child labor and have been declared unconstitutional by the supreme court the hie reasons of the he court for this action show why it seemed necessary to congress to approach the question from a different angle and to propose the amendment in its present form it will be remembered that the net act of september 1010 undertook to prohibit child labor py by prohibiting transportation in interstate converce con merce of goods made in factories where child labor was used the supreme court lold this act unconstitutional tut ional lonal because it exceeds the constitutional all authority of congress mr justice day delivered the opinion and used the following language in our view the necessary effect of this act li Is by means of a prohibition against the movement in in ter state commerce of ordinary commercial commod aties to regulate the hours ot of labor of 0 children in factories and mines within the states a purely state authority thus the act in a two twofold fold sense cense Is repugnant to the constitution it not a only ly tran ascends ec end the authority delegated to congress over com commerce morce but also exerts a power as to a purely local matter to which the federal authority does not extend the far reaching result ot of upholding the act cannot be more plainly indicated than by pointing out that it if congress can thus regulate matters entrusted to local authority by prohibition of 0 the movement or 0 commo commodities ditlea in Intern tata corn coin merco all freedom of 0 commerce will be at an end and the power of 0 the states over local matters may be eliminated our system ot of government be practically destroyed st the act of feb 24 1010 1019 undertook to prohibit child labor by imposing it a tax of 10 per cent cant oi of tile the net profits of the year upon nn an employer using child labor the supreme court held it unconstitutional on the ground that it le Is not a afta vaid exercise by congress of its powers ot of taxation under united states constitution article 1 section 8 but Is an unconstitutional regulation by the use of the so called tax as a penalty of the employment of thild labor in IA the states which under united states constitution tenth amendment Is exclusively a state function the juill judiciary clary committee of the house of representatives found four reasons why this legislation should bu bil enacted birog because in some states a single industry was so BO pow powerful ellul as to prevent the enactment of a 9 child lubor labor law or its enforcement after enactment seco second iia because consumers are unwilling to use the products of child labor third because manufacturers object to the competition of those who rely upon low wages paid to children as the basis of their profits crofts and fourth because states have been unable to protect their consumers and manufacturers the judiciary committee of the senate after exhaustively hau considering five fire amendments introduced by as many senators reported out an amendment tit in slightly different form from that finally adopted as follows article the congress shall have the power concurrent with that of the several states to limit or prohibit the labor of persons persona under eighteen years the report commenting on this proposed amendment sets forth clearly the attitude of the committee on the question of child labor it says laone in one part first it cannot tie be questioned but that it Is in s paramount duty of government to guard and protect the welfare of its children to the end that they their may have the utmost opportunity possible to attain the maximum development ot of their moral intellectual and physical beings this athla to ta Ina manifestly t ir the tha duo due of all children sance ethey they are brought into the war world d without their volition entirely helpless heiple help legs a and nd dependent but this la Is not alone simple justice jusic 8 to childhood it Is also ot of the greatest importance to every state that its citizens should attain the highest development above indicated and it may be observed that while under our dual system of government the power and duty to make adequate provision by law for the accomplishment of those most desirable ends end are now vested vented in the several states nevertheless atas it la as important to the national government as an it la Is to the government of every state that its citizenry be afforded every op pory 1 unity eunity for legitimate development and that such development should neither be ba stunted nor destroyed st herein there the re lies the justification for the government of the united states in asking of the states that upon it be conferred power concurrent with their own to legislate upon this matter so vit vital at to both if the states shall have passed appropriate laws it to la sate safe to say that any legislation of congress will march side aide by side with such laws it ustate a state has been unmindful of its duty then such congressional legislation will work no injury but rather a positive benefit to the state itself as well as an to the national government discussing the form that the proposed amendment ment should take the report says among other things unquestionably it should take the form of a grant of power and unquestionably the limitations of that power should be precisely benned denned beyond peradventure it should contemplate the future as well an aa the present indisputably it should be a power concurrent with that of the states since once its purpose Is not to deprive the states of a any ny of their powers but only to confer like powers on the na egal government still further it will not be b questioned but that that power should be ba given to control regulate or even to prohibit the use us of such euch labor in all ca cases s es where the character ot of the labor Is dangerous in itself or may become dangerous through the inexperience peri ence or heed esne of childhood whore where in itself or in its surroundings it Is in detrimental to the physical or moral welfare of childhood or where it to Is in character too onerous for the grow growing ing bodies of youth equally manifest Is it that in all occupations where child labor ja Is permitted legislative authority should have a determinative voice as aa to the terms times conditions and environment of its use such as day and night work reasonable hours dangerous machinery hy hygienic hyel gienia enlo conditions anil and the like the re report in several places emphasizes the fact that the amendment la Is not cot designed to deprive the stat star of any of their police powers but only to have the states confer on the national government CHILDREN IN IH GAINFUL occupation 1920 CENSUS total boys boy per girls per total states slate 1015 10 15 ct 1015 10 15 ct A new england eulad 34 00 90 03 65 1 middle AtI atlantic altIe 04 64 40 46 east EB north central 03 02 25 87 Vest North central 61 10 77 south atlantic ZT 1814 L 87 97 hast south central 2349 west south central amr 83 82 23 mountain 1215 63 LO 10 79 pacific 50 12 02 GIRLS AWU AND noys BOYS 10 TO lo 10 th IN SPECIFIED occupations Forr aloir acock lumbering etc cost coal fold arold allver and aad copper mining quarrying etc anil and industries laborers laborer in in sue menger teamster chauffeur etc 1 I 1 clerk new boy ete public service 1130 actor ean in in lundri bell ba ch etc acene collector bookkeepers mes elffers taff stenos hapli T P oft lers etc total e 1 the right to exercise similar powers and it bays that in so doing ng they will not deprive themselves of tiny any of their own on powers as way may bo be taken as conclusively adjudicated by bir the supreme court of the united states in the case of 0 united states Vs va lansa 1 ansa decided december 11 1 11 discussing the question of the ilia age limit the report says an age limit is declared rel it unquestionably would have been simpler to lo have pro provided for or the regulation and prohibition of the labor of children and to have stopped there but your com committee commell mIll became convinced that in hiking asking for or this It might fall utterly A marked difference of 0 opinion w wa a developed at the hearings inas before the subcommittee it being a argued gued on the one hand that alter after elgh eighteen tean years year ot of ago age girls and boys boy had passed the period of dependency and d were war physically phyl cally and montal mentally 17 capable of fending for or themselves so that the power to protect them which was wag sought bought by the amendment could abely safely be limited to the indicated a age a while on the other hand band I 1 it t was argued that many cases and classes claise merl merited t ad protect protection lon after the age go fixed and that as a th the states tat as poll police e power embr embraced a as d the protection of at its iti children duri during g the period of at their nonage and up to the instant of their majorities it was wag rea to ask aak that identical police power be conferred on the national government reason Is found in both points of view hut but your committee finally concluded to trio the eighteen year dimita limita I 1 alon because because such limitation would certainly embrace the vast majority of 0 cases calling for protection and remedial legislation while the exceptional cases calling for or legislation after the tb age might arise in one state and not in another and ther therefore e fare might safely be left to the of each state detate tile tho federal child labor law laws a de declared vold void the supreme court fixed certain simple standards that have been recognized ns its measures on which to base reforms they declared that no child under fourteen should be employed in any mill cannery workshop factory or manufacturing that no child between fourteen and sixteen should be employed in such ouch establishments for more than eight hours it a day or forty eight hours a week or at night and that flint no child under sixteen should be employed in any mine or quarry in arkansas first state to ratify 10 19 per cent of the total child population la Is employed contrary to the federal standards la in georgia the per cent Is 21 in alabama and south carolina 21 24 in mississippi sippi 20 26 of all the states only eighteen come up to the level set by these standards they ore are massachusetts north dakota wisconsin oregon montana minnesota kansas Okin oklahoma horna illinois indiana ohio kentucky Tennesse cc alabama west virginia new york new jersey and connecticut in all but three states it a minimum age for work in factories has been established it is s set got at it fourteen or over with exemptions in certain occupations six states have higher than a fourteen year minimum in more than halt half the states there tins has been a tendency to establish it a sixteen year minimum tor for mines As for the length of the working day thirty five states and the district of columbia have an eight hour day applying to children up to sixteen in both factories and stores the same number prohibit children under sixteen years of age from engaging in night work in factories and stores the importance of physical examination Is more and more stressed and twenty two states made it mandatory before a child can receive his working certificate another important standard Is that of educational requirements only thirteen states exact the completion of at least the eighth grado grade as a condition the laws of eighteen states and the district of columbia have no education ments tit nt till all they demand only that before going to work the child must be able to read and write affey 11 swift director of the department of legislation and investigation of the national child labor committee has haa analyzed the congressional vote which passed the amendment resolution with the idea of forecasting the action of the several legislatures isla tures according to his analysis thirty states are for ratification seven are opposed Ala alabama barna florida georgia louisiana maryland and north and south carolina eleven states tire are divided texas idaho utah delaware mississippi alto missouri new hampshire new jersey new york pennsylvania and ratification therefore depends upon favorable action in six of the eleven states divided against themselves mr air swift was correct as to georgia Georgi aIts its legislature has just overwhelmingly refused ratification tile tho legislature of rhode island tor for ratification la Is in session but the republican senators have gone on a political strike and tire are in massachusetts several legislatures tied had met and adjourned before june 2 these will meet next in 1020 1920 several beveral took no action the legislatures of thirty six states will meet in I 1 1925 Alaba mas does not meet till 1027 1927 the ame amendment adment tins has the endorsement of national organizations of men and women it Is opposed by several organizations op position may also be expected from bev ak V eral sources some manufacturers will oppose it as will some farmers adherents to the doctrine of state rights may be expected to be it some borne who are against child labor per se will nevertheless work against ratification because became opposed to further amendment of the con ution and increase of executive bureaus some are afraid of tile the eighteen year limit tile the republican platform urges prompt consideration of that child labor amendment by the legislators 0 the various states elates tile tho democratic platform says without the votes of the alie democratic members bembera of the congress the child labor amendment would not have been submitted for foi ratification 11 I 1 the lafollette olIette platform demand prompt ratification of the child labur amendment and subsequent it of a federal law lait to protect child children ta in in hi |